Jack Daniel’s Sues Popcorn Sutton’s Whiskey for Infringement

There can be only one (square bottle).
There can be only one (square bottle). Photo: Courtesy of Jack Daniel's

The owner of the Jack Daniel’s trademark is suing small distillery Popcorn Sutton’s Tennessee White Whiskey for marketing its moonshine “in a trade dress that is confusingly similar to the iconic trade dress” of the more famous Lynchburg whiskey. Essentially, this means a square-shaped bottle and black-and-white lettering; see the bottles side-by-side here. Company namesake Marvin “Popcorn” Sutton himself famously committed suicide in 2009 to avoid jail time for making hooch illegally. Meanwhile, over in Kentucky, the case of the missing Pappy Van Winkle cases has yet to be solved, despite a promising lead. These are dismal days indeed for American whiskey. [WBIR via AP, Related]